WT/DS577/14  
 
15 February 2023  
(23-1057) Page: 1/2 
  Original: English  
 
UNITED STATES – ANTI -DUMPING AND COUNTERVAILING DUTIES ON RIPE OLIVES 
FROM SPAIN  
UNDERSTANDING BETWEEN THE UNITED STATES  AND THE EUROPEAN UNION  
REGARDING PROCEDURES UNDER ARTICLES 21 AND 22 OF THE DSU  
The following communication, dated 13 February 2023 , from the delegation of the United States  and 
the delegation of the European Union  to the Chairperson of the Dispute Settlement Body, is circulated 
at the request of these delegations.  
 
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The Dispute Settlement Body ("DSB") adopted its recommendations and rulings in the dispute 
United  States  – Anti-Dumping and Countervailing Duties on Ripe Olives from Spain (WT/DS577) on 
20 December 2021.  
Pursuant to Article 21.3(b) of the Understanding on  Rules and Procedures Governing the Settlement 
of Disputes ("DSU") the United States of America ("United States") and the European Union ("EU") 
agreed that the reasonable period of time to implement the DSB recommendations and rulings would 
be twelve (12) months and twenty -five (25) days, expiring on 14 January 2023.  
The United States and the EU ("the parties to the dispute") have agreed on the following procedures 
for the exclusive purposes of this dispute. They are designed to facilitate the resolution o f the dispute 
and reduce the scope for procedural disputes and are without prejudice to either party 's views on 
the correct interpretation of the DSU:  
1. Should the EU consider that the situation described in Article 21.5 of the DSU exists, the EU will 
request that the United States enter into consultations with the EU. The Parties agree to hold such 
consultations within 15 days from the date of receipt of the request. After this 15 -day period has 
elapsed, the EU may request the establishment of a panel pu rsuant to Article 21.5 of the DSU at 
any time.  
2. At the first DSB meeting at which the EU request for the establishment of an Article 21.5 panel 
appears on the agenda, the United States shall accept the establishment of that panel.  
3. The parties to the dispute shall cooperate to enable the Article 21.5 panel to circulate its report 
within 90 days of the panel 's establishment, excluding such time during which the panel 's work may 
be suspended pursuant to Article 12.12 of the DSU.  
4. Either party to t he dispute may request the DSB to adopt the report of the Article 21.5 panel at 
a DSB meeting held at least 20 days after the circulation of the report to the Members unless either 
party appeals the report.  
5. The EU may request authorization to suspend c oncessions or other obligations pursuant to 
Article  22.2 of the DSU in the event that the DSB rules as a result of a proceeding under Article 21.5 
of the DSU that a measure taken to comply does not exist or is inconsistent with a covered 
agreement. The Uni ted States shall not assert that the EU is precluded from obtaining such DSB 
authorization because its request was made outside the time period specified in the first sentence 
of Article 22.6 of the DSU. This is without prejudice to the United States right  to have the matter 
referred to arbitration in accordance with Article 22.6 of the DSU.  WT/DS577/14  
 
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  6. If the EU requests authorization to suspend concessions or other obligations pursuant to 
Article  22.2 of the DSU, the United States shall have the right to object u nder Article 22.6 of the 
DSU to the level of suspension of concessions or other obligations and/or claim that the principles 
and procedures set forth in Article 22.3 of the DSU have not been followed. In the event of such 
objection, the matter will be refe rred to arbitration pursuant to Article 22.6 of the DSU.  
7. The parties to the dispute will cooperate to enable the arbitrator under Article 22.6 of the DSU to 
circulate its decision within 60 days of the referral to arbitration.  
8. If any of the origina l panellists is not available for either the Article 21.5 compliance panel or the 
Article 22.6 arbitration (or both), or any person serving in such proceeding becomes unavailable to 
serve, the parties to the dispute will promptly consult on a replacement, and either party may 
request the Director -General of the WTO to appoint, within ten days of being so requested, a 
replacement for the proceeding or proceedings in which a replacement is required. If an original 
panellist is unavailable to serve in either o f the proceedings, or a person serving in such proceeding 
becomes unavailable to serve, the parties to the dispute will further request that, in making this 
appointment, the Director -General seek a person who will be available to act in both proceedings.  
9. The parties to this dispute will continue to cooperate in all matters related to these agreed 
procedures and agree not to raise any procedural objection to any of the steps set out herein.  
10. If, during the application of these procedures, the parties  to the dispute consider that a 
procedural aspect has not been properly addressed in these procedures, they will endeavour to find 
a solution within the shortest time possible that will not affect the other aspects and steps 
agreed  herein.  
 
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